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| incredible, mother son, god, muslim, satan, confession, essay, slut wife, selected, stress, manifesto, federal case law, atheism, priests, woomera detention centre, jesus, remarks, refugees, israelipodcast, statements, israeli podcasts, sucking, craigs list, mama, | Id., at 97-98, 23. [420U.S. 546, 563] MR. JUSTICE DOUGLAS, dissenting in part and concurring in the result in part. While I agree with the Court's conclusion that the actions of the respondents constituted an impermissible prior restraint upon the performance of petitioner's rock musical, I am compelled christ to write separately in order to emphasize my view that the injuries inflicted upon petitioner's First Amendment rights cannot be treated adequately or christ averted in the future by the simple application of a few procedural band-aids. The critical flaw in this case lies, not in the absence of procedural safeguards, christ but rather in the very nature of the content screening in which respondents have engaged. The Court today treads much the same path which it walked in Freedman v. Maryland, 380U.S. 51 (1965), and the sentiment which I expressed on that occasion remains equally relevant: "I do not believe any form of censorship - no matter how speedy or prolonged it may be - is permissible." |
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| The Court held that there was not "any form of `final restraint,' in the sense of being enjoined from exhibition or threatened with destruction." Ibid. Here, the board did not merely detain temporarily a copy of mother son the script or libretto for the musical. Respondents reached a final decision to mother son bar performance. [ Footnote 10 ] See Monaghan, First Amendment "Due Process," 83 Harv. L. Rev. 518, 522-524 (1970); Emerson, The Doctrine of Prior Restraint, 20 Law & Contemp. Prob. 648, 656-659 (1955). [ Footnote 11 ] There was testimony mother son that the musical as performed differed "substantially" from the script, App. 79-80, and that the show was varied to fit the anticipated tastes of different audiences in different parts of the country. Id., at 93. The musical's nude scene, apparently the most controversial portion, was played under varying conditions. No actor was under contractual obligation to perform it, and the number doing so changed from one performance to another, as did the lighting, and the duration of the scene. |
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